CLEAN INDOOR AIR ACT REGULATION DEVELOPMENT
On November 7 2006, Nevada ’s voters approved the Nevada Clean Indoor Air Act (NCIAA) initiative by over 54 percent. This initiative became law on December 8, 2006. Its provisions that impact restaurateurs prohibit smoking tobacco in any form within indoor places of employment, including all indoor areas within restaurants and all areas of grocery stores. “No smoking” signs or the international “No smoking” symbol must be conspicuously posted in areas where smoking is prohibited. No ashtrays or other smoking paraphernalia may be present in non-smoking areas. smoking is permitted in areas within casinos where minors may not loiter and in stand-alone bars, taverns, and saloons in which food service is incidental to the operation and which are physically independent
The Southern Nevada Health District, the Washoe County District Board of Health, and the Nevada State Health Division are working together to develop regulations to implement the NCIAA. They have held one workshop to obtain public input and have promised to hold at least one more which is as yet unscheduled. The proposed regulations add detail to the NCIAA and seek to clarify some of the Act’s provisions that seemed subject to multiple interpretations. Key sections of the draft regulation of likely interest to NvRA members include:
Sec. 3 which states: ”Ashtray” means any receptacle, container used or being used for collecting the ashes or residue of burning tobacco or for disposing of smoking materials including but not limited to cigarettes and cigars.
Sec. 4 defines “Food service” as delivering, giving, or bringing food to another except for prepackaged food items exempt from food licensing requirements.
Sec. 11 requires an employer to establish and implement written policies and procedures with regard to a) requesting a person who is smoking in a prohibited area to stop (that is, the restaurateur or his employee must request someone who is smoking to stop smoking); b) not supplying ashtrays or other smoking paraphernalia; c) removal of these objects; and d) documentation of informing employees, applicants for employment, and smokers of theses policies. These policies must be communicated to all existing employees, applicants for employment, and any person smoking in the place of employment; and the policies and documentation of compliance with this regulation must be made available to the health authority upon request.
Sec. 12 requires that the no-smoking signage be posted at a height and location where a person of normal vision would see it, that each sign have lettering of at least two inches in height or have an international no-smoking symbol of at least six inches in diameter, and that each sign must have a contrasting background.
Sec. 13 requires that employees and customers be able to transit to a restroom without going through an area where smoking is permitted except where the restroom is under the control of a different business or where access is through a casino.
Sec. 14 concerns ordering and delivering food in stand-alone bars, taverns, and saloons. No person in charge of such an establishment, his or her employee, nor anyone taking direction from him or her may 1) take an order for food in such an establishment and transmit it to a restaurant; 2) retrieve food from a restaurant or deliver food from a restaurant to a patron; or 3) permit silverware or plates to be available to a patron.
Sec. 15 prohibits a person in control of a restaurant, his or her employees, or a person under his or her direction from 1) taking an order for food in a stand-alone bar, tavern, or saloon while physically present inside such an establishment and 2) serving or delivering food to a patron inside such an establishment.
Sec. 16 permits a patron of a stand-alone bar, tavern, or saloon 1) to bring food into such an establishment for his or her own consumption; 2) to use a telephone or other electronic device inside the stand-alone bar, tavern or saloon to place a food order with a restaurant; 3) to be notified by an employee of a restaurant that a food order is ready for pickup; and 4) receive delivery outside of a stand-alone bar, tavern, or saloon from an employee of a restaurant of food the patron has ordered. Such food may be packaged to prevent contamination during delivery.
Because the NCIAA contained no provisions for penalties, the regulation will be enforced under Health Division and Districts’ existing powers. There is no provision for fines, graduated or otherwise. Instead, violators face suspension, revocation, or denial of their application for renewal of their permit issued by the Health Division.
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